Summary: We will not investigate this complaint about the Council’s response to reports of Anti-social behaviour, affecting Miss X. It is unlikely we would find fault in the Council’s actions, and we cannot achieve what Miss X is looking for.

The complaint

1. Miss X said the Council did not take action after she reported Anti-social behaviour (ASB), at a skate park near her home. She said this meant she was eventually forced to leave her home. She also said the Council’s failure to act, caused a deterioration in her mental well-being. Miss X wants the Council to compensate her for the harm it caused her.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X said the Council took no action to prevent ASB near where she lived. She said this caused her and her child emotional harm. Miss X wants the Council to compensate her for this harm and because she left a place where the rent was affordable.
6. According to the case notes I have seen, the Council were aware of numerous ASB reports affecting this location. There is evidence it discussed this location along with other statutory agencies, responsible for community safety in its area at a community safety panel meeting. The evidence shows it identified and carried out a series of actions, over several months and was responsive to the ASB reports it had. This is what we would expect to see and therefore it is unlikely we would find fault in the Council’s actions.
7. In any case, we could not award compensation or say the Council was liable for emotional harm. Or that it caused Miss X to leave her home. Therefore, we cannot achieve the outcome she is looking for.

Back to top

Final decision

8. We will not investigate Miss X’s complaint, because it is unlikely we would find fault in the Council’s actions, and we cannot achieve what Miss X is looking for.

Back to top

Investigator's decision on behalf of the Ombudsman